Employment Law Case Study Solution
Pay Wages:
Alex is a talented programmer, but is working with unpaid internship at the Punk – games studios. He was handed over with a responsibility to work on two different and important aspects of game design. If any employee offers his skills and efforts in the developmental projects of the company, he has the right to get paid for his efforts.(Cantor Fitzgerald v Callaghan). As this is important for the employer to build the trust over his employee. It is not a fundamental breach as there is not any contract signed between the employee and the employer.Whereas, if the employer denies to pay employee with the wages that he has worked for, it can be considered under ERA Provisions.
On the basis of above discussion, although there has not been any agreement between Alex and the organization. He does not have any right to claim for his payment, but as the organization has involved him in the working of their project and he has served his time, efforts and skills for it;he has the right to claim for the minimum wage with respect to the efforts made by him. Alex has the right to only work for the organization if they start to pay him,because he is a talented worker and the organization needs him so it is most probable that the organization will soon find a way to resolve the issue of payment.
On-call hours:
Mathew is an employee of Punk-games organization. He has been asked to spend three additional hours of his duty at night for about five months. An additional working of three hours at night regularly is a normal feature (reg 2(1)) and the worker is considered as a night worker. The organization allows the worker to get some sleep, but for that reason he will be paid for two additional hours instead of three. Whereas according to the Working time Reg. 2(1) the worker when he is present at workplace either inactive or asleep is considered being on-duty, and these on-call hours are a part of working hour -Commission of the European Communities v UK (CJEU).
Thus, there is no breach of law by the worker. The worker is ready to spend three more hours of duty, but he has the right to claim for the wage increment in his current wages as well as for the provision of health care services with complete detail of his all terms and conditions with respect to the working hours that have been served in the service of the organization - ERA s.1(4)(c),with the evidences which show that he has been serving for the organization for more than estimated weekly hours -ERA s.234..........
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